As part of the Jackson reforms of civil litigation, in October 2012 the Court of Appeal announced in the case of Simmons v Castle that awards of general damages for pain, suffering and loss of amenity were to be increased by 10%.

The note of the judgment of HHJ Serota QC suggests that leave had been given to the appeal to the Court of Appeal in that case, and it is to be hoped that the point will be resolved there. Until resolved by the Court of Appeal, the whole point is now open for argument in the Employment Tribunal.